This Civil Revision Petition is filed to direct the learned Subordinate Judge, Arupukottai, to dispose of the Execution Petition in E.P.No.59 of 2008 in O.S.No.13 of 2008, within a stipulated time that may be fixed by this Court.
2. Originally, one Dheivannaiammal (since deceased) filed a suit in O.S.No.62 of 1985 against one Meenachiammal (since deceased), Sivasubramaniam (since deceased) and the first respondent herein before the Subordinate Court, Sivagangai, for partition. The said suit was dismissed, vide judgment and decree dated 15.04.1988 by the learned Subordinate Judge, Sivagangai. Against the said judgment and decree, dated 15.04.1988, the said Deivanai Ammal and one M.K.Ramalingam (since deceased), who was the legal heir of said Deivanai Ammal filed A.S.No.1133 of 1988 before this Court and the parties to the First Appeal, entered into a compromise among themselves and filed a compromise memo to that effect. Based on the said compromise memo, this Court passed a preliminary decree on 13.07.2004. Based on the said order, O.S.No.62 of 1985 was transferred to the Subordinate Court, Arupukottai, and renumbered as O.S.No.13 of 2008. The said M.K.Ramalingam (since deceased) filed I.A.No.42 of 2008 in O.S.No.13 of 2008 to pass a final decree before the Subordinate Court, Arupukottai and the same was allowed on 19.03.2008. Based on the final decree, an Execution Petition in E.P.No.59 of 2008 was filed by the petitioner and the same is still pending. Hence, the petitioner has come out with the present Civil Revision Petition for the relief stated supra.
3. I have heard the learned counsel for the petitioner and perused the materials available on record.
4. Having been taken into consideration of the material facts and circumstances, this Court is of the view that in the interest of justice, it may be expedient to issue a direction to the learned Subordinate Judge, Arupukottai. Accordingly, this Civil Revision Petition is allowed and the learned Subordinate Judge, Arupukottai, is directed to dispose of E.P.No.59 of 2008 in O.S.No.13 of 2008 as expeditiously as possible, in any event, not later than 30.06.2017. No costs.
To The Subordinate Judge, Arupukottai. .